손해배상(기)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Determination as to the cause of claim
A. Fact 1) On February 5, 2010, the Plaintiff’s mother-friendly, representing the Defendant on February 5, 2010, No. 811 of the 8th floor among Jeju-si, E-Ground neighborhood living facilities, and officetels (hereinafter “instant officetel”).
The sales price was KRW 20 million. At the time, the registration of provisional attachment was completed on October 17, 2003 with respect to the instant officetel as the right holder F, the date of the provisional registration of the right to claim ownership transfer, the creditor’s Gtel owner’s right to claim F’s right to claim ownership transfer, and the date of the provisional attachment registration made on December 24, 2009 by the Jeju District Court’s provisional attachment decision (2009Kadan457) (2) The parts related to the instant sales contract are as follows.
Article 2 In the sale of the instant officetel, the buyer pays the purchase price as follows:
(v)a down payment of 5 million won shall be paid at the time of the contract and the balance 15 million won shall be paid in the presence of the broker at the time of resolution of provisional seizure against provisional registration. This contract shall be reimbursed by the seller at the time of the termination of the contract and the buyer shall not become void and shall not be claimed for the refund of the down payment at the time of the termination of the contract;
1.Payment of down payment and registration of ownership transfer; and
2. The payment shall be made after deducting the registration cost (one million won) when any balance is paid.
3. The period of termination of provisional registration, provisional seizure shall be resolved within six months;
4. The buyer shall exercise his property right at the time of transfer of ownership.
3) At the time of the sales contract, the Plaintiff paid 5 million won the down payment to C, and on February 8, 2010, the registration of ownership transfer was completed on February 5, 2010 for the instant officetel. 4) Within six months from the date of the sales contract, provisional registration and provisional attachment registration of the right to claim ownership transfer registration of the instant officetel was not revoked.
On January 18, 2011, the provisional attachment registration of creditors Gtel owners' Gtel meeting was cancelled, and on March 15, 2013, F, the provisional attachment registration right holder, F, the provisional attachment registration right holder, is F.